Another Back Yard FENCE Question
So we all know the rule is 6 feet maximum BUT how is this measured when there is a difference in grade between neighboring back yards? For example, if my neighbor’s yard is 1 foot LOWER than mine, whose side is the 6 feet measured from? ARTICLE 18 FENCES §[C26-717.1] 27-509 Permitted Heights In other…
So we all know the rule is 6 feet maximum BUT how is this measured when there is a difference in grade between neighboring back yards?
For example, if my neighbor’s yard is 1 foot LOWER than mine, whose side is the 6 feet measured from?
ARTICLE 18 FENCES §[C26-717.1] 27-509
Permitted Heights
In other than residence districts as established by the zoning resolution, fences may be erected throughout the city to a maximum height of ten feet. In residence districts, no fences, whether of masonry, steel, wood, or any other materials shall be erected to a height of more than six feet above the ground, except that fences used in conjunction with nonresidence buildings and public playgrounds, excluding buildings accessory to dwellings, may be erected to a height of fifteen feet. Higher fences may be permitted by the commissioner where required for the enclosure of public playgrounds, school yards, parks, and similar public facilities.
If you look in the zoning resolution, it tells you the rear yard must be at the same elevation as the mean elevation of your front property line (or something along those lines). So your six foot fence height (and your yard) should be generated from there. Whether this ever happens on anything other than new construction is doubtful.
Awesome, that sounds definitive to me. Thanks.
My comment comes from a situation where a neighbor built an 8 foot fence at the rear of their property. The rear of this property is at the top of a 3′ retaining wall to the property behind (that would be 11′ above the rear neighbor’s grade).
There was a DOB complaint regarding the 8′ height. DOB’s violation indicated that they would be in compliance if the 8′ was reduced to 6′ (still 9′ above the rear neighbor’s grade). The top 2′ was cut off and the violation was cleared.
SenatorStreet: what you say makes sense to me but others have said the 6 foot rule is related to firefighters getting over the fence, etc. so if there was a 3 foot grade differential, the “obstruction” would be 9 feet tall on one side (even if it’s on my property).
And if the rule relates to “spite fences” wouldn’t the operative side be your neighbor’s side (the side that would be impacted by a spite fence)?
Would hate to have to re-do my fence.
If the fence is being built on your property, then is is six feet above your grade.
I’m curious about this as well. I just build a fence in my own backyard, and went over the 6′ only on the side that abuts an enormous pile of garbage in the neighbor’s yard. I built that side higher, to accommodate the debris… and the pit bulls that scamper over it to jump into my yard!